[1985]DLCA904 • July 25, 1985 • Court of Appeal
DEEGBE vs. NSIAH AND ANOTHER
The appellant, a legal practitioner and tenant of house No. 1 Junction Road, CFC Estates, Tesano, claimed specific performance of an oral agreement to purchase the house from the defendant at ¢65,000. The appellant had obtained promises of loans from banks contingent on receiving the defendant's title deeds. The defendant denied making any offer and sold the house to a third party (codefendant) in April 1977. The appellant wrote a letter dated 6 April 1977 accepting the offer but requesting a serious price reduction. The defendant did not respond or provide title deeds. The appellant sued for specific performance, but the trial court dismissed the claim, finding no concluded contract and that the letter amounted to a rejection of the offer. The Court of Appeal upheld this decision.
read moreJUDGMENT OF EDUSEI J.A. Edusei J.A. delivered the judgment of the court. In this appeal the plaintiff-appellant who will be referred to hereafter as the plaintiff seeks a reversal of the judgment of Anterkyi J. sitting in an Accra High Court and dated 21 June 1982. The judgment was in favour of the defendant and co-defendant-respondents who also will be referred to as the defendant and co-defendant, respectively. The plaintiff, a legal practitioner, issued out a writ claiming against the defendant an order of specific performance in respect of an agreement for the sale of house No 1, Junction Road, C F C Estates, Tesano, Accra. In his statement of claim (which will be stated fully later) accompanying the writ the plaintiff set out, according to him, the circumstances leading to an agreement for the sale of the house in question by the defendant to him at a price of ¢65,000. All this was an oral agreement. The plaintiff, a tenant in the house, continued to say in his stateme....